United States v. Garcia

Opinions of the United 2004 Decisions States Court of Appeals for the Third Circuit 2-23-2004 USA v. Garcia Precedential or Non-Precedential: Non-Precedential Docket No. 02-1633 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2004 Recommended Citation "USA v. Garcia" (2004). 2004 Decisions. Paper 992. http://digitalcommons.law.villanova.edu/thirdcircuit_2004/992 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2004 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. NOT PRECEDENTIAL THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 02-1633 ___________ UNITED STATES OF AMERICA vs. RAMON GARCIA Appellant. ___________ ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY (D.C. Criminal No. 01-cr-00676-1) District Judge: The Honorable William G. Bassler ___________ Submitted Under Third Circuit LAR 34.1(a) January 30, 2004 BEFORE: NYGAARD and FUENTES, Circuit Judges, and O’NEILL,* District Judge. * Honorable Thomas N. O’Neill, Jr., Senior District Judge for the United States District Court for the Eastern District of Pennsylvania, sitting by designation. (Filed: February 23, 2004) ___________ OPINION OF THE COURT ___________ NYGAARD, Circuit Judge. Appellant Ramon Garcia pleaded guilty to distribution of at least five kilograms of cocaine, in violation of 21 U.S.C. § 846. The District Court sentenced the Appellant to seventy months imprisonment, which was at the lowest end of the sentencing guideline range for his crime and criminal history. Garcia filed a notice of appeal, pro se, and we appointed Arza R. Feldman, Esq., to assist with the appeal. Attorney Feldman filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Counsel indicated that there are no non-frivolous issues for appeal. We have carefully reviewed the Appellant’s brief, along with the responsive brief of the United States and other matters of record. Garcia did not file a pro se brief. We conclude, after our own review of the entire record, that the District Court did not err. Accordingly, the judgment of the District Court will be affirmed. The motion of defense counsel to withdraw will be granted.